ELR Citation: ELR 20271
No(s). 351 (Md. Ct. App. Apr 16, 1971)

Residential and territorial intrastate restrictions on commercial crabbing and oystering are an unconstitutional exercise of the state's police power, because there is no reasonable basis for the groupings nor a reasonable relation to the public interest. Restricting a waterman to his own residential county limits his livelihood if he is unable to seek out the most productive harvest areas, which may vary greatly with changing conditions. The doctrine of state ownership applies to oysters and crabs, and the restrictions unlawfully discriminate against a resident of a non-tidewater county. Appellant watermen have standing to challenge the constitutionality of the regulations, because they have suffered economic losses as a result of the restrictions. In dicta, the court concluded that the state could discriminate against non-residents. The court found it unnecessary to decide whether indefinite county water boundaries render such restrictions unenforceable.

Counsel for appellants:
Bayard Z. Hochberg
Levin & Hochberg
720 Munsey Building
Baltimore, MD 21202
(301) 685-2922

Counsel for appellees:
Edward S. Digges Special Assistant Attorney General
211 East Charles Street
La Plata, MD 20646
(301) 934-8111